SF 3298

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; establishing conditions 
  1.3             for closing highway right-of-way to all-terrain 
  1.4             vehicles; modifying motor carrier provisions to reduce 
  1.5             certain regulatory obligations; modifying budget 
  1.6             reduction of department of transportation construction 
  1.7             district 1; making clarifying changes; amending 
  1.8             Minnesota Statutes 2000, sections 84.928, by adding a 
  1.9             subdivision; 221.0252, subdivision 3; 221.0314, by 
  1.10            adding a subdivision; 221.221, subdivision 4; 221.605, 
  1.11            subdivision 1; Minnesota Statutes 2001 Supplement, 
  1.12            section 221.221, subdivision 2; Laws 2001, First 
  1.13            Special Session chapter 8, article 1, section 8; 
  1.14            repealing Minnesota Statutes 2000, section 221.0313. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 2000, section 84.928, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 1b.  [EXCEPTION FOR OPERATING ON PUBLIC ROAD 
  1.19  RIGHT-OF-WAY.] (a) A road authority may close a public road 
  1.20  right-of-way to all-terrain vehicles when: 
  1.21     (1) operation of all-terrain vehicles has caused 
  1.22  significant damage to vegetation; or 
  1.23     (2) rutting, damage to vegetation, or erosion prevents 
  1.24  ditches from draining as intended or makes ditches difficult to 
  1.25  maintain. 
  1.26     (b) When a road authority closes part of a public road 
  1.27  right-of-way to all-terrain vehicles, it must post both ends of 
  1.28  the closed segment. 
  1.29     (c) A person shall not operate an all-terrain vehicle on 
  1.30  any part of a public road right-of-way that is posted as "closed 
  2.1   to all-terrain vehicles." 
  2.2      Sec. 2.  Minnesota Statutes 2000, section 221.0252, 
  2.3   subdivision 3, is amended to read: 
  2.4      Subd. 3.  [AUDIT; INSPECTION.] (a) Within 90 days of 
  2.5   issuing a new certificate of registration to a carrier under 
  2.6   this section, and before issuing an annual renewal of a 
  2.7   certificate of registration, the commissioner shall: 
  2.8      (1) conduct an audit of the carrier's records; 
  2.9      (2) inspect the vehicles the carrier uses in its motor 
  2.10  carrier operation to determine if they comply with the federal 
  2.11  regulations incorporated in section 221.0314 or accept for 
  2.12  filing proof that a complete vehicle inspection was conducted 
  2.13  within the previous one year by a commercial vehicle inspector 
  2.14  of the department of public safety; 
  2.15     (3) verify that the carrier has a designated office in 
  2.16  Minnesota where the books and files necessary to conduct 
  2.17  business and the records required by this chapter are kept and 
  2.18  shall be made available for inspection by the commissioner; 
  2.19     (4) audit the carrier's drivers' criminal background and 
  2.20  safety records; and 
  2.21     (5) verify compliance with the insurance requirements of 
  2.22  section 221.141. 
  2.23     (b) To streamline the audit process and to reduce the 
  2.24  regulatory burden on carriers, the commissioner may reduce the 
  2.25  number of vehicle inspections and records audited under 
  2.26  paragraph (a) if the commissioner has sufficient information 
  2.27  from federal and state motor carrier safety data about a 
  2.28  carrier's operations to determine that a carrier has an 
  2.29  effective safety management program. 
  2.30     (c) The commissioner and the commissioner of public safety 
  2.31  shall, through an interagency agreement, coordinate vehicle 
  2.32  inspection activities to avoid duplication of annual vehicle 
  2.33  inspections to minimize the burden of compliance on carriers and 
  2.34  to maximize the efficient use of state resources. 
  2.35     Sec. 3.  Minnesota Statutes 2000, section 221.0314, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 3b.  [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 
  3.2   subdivisions 3 and 3a, a Minnesota intrastate waiver is not 
  3.3   required in Minnesota intrastate commerce if that person holds a 
  3.4   valid interstate waiver or comparable document for physical 
  3.5   qualifications described in Code of Federal Regulations, title 
  3.6   49, section 391.41. 
  3.7      Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  3.8   221.221, subdivision 2, is amended to read: 
  3.9      Subd. 2.  [ENFORCEMENT POWERS.] Transportation program 
  3.10  specialists and hazardous material program specialists of the 
  3.11  department, for the purpose of enforcing the provisions of (1) 
  3.12  this chapter, sections 169.781 to 169.783 relating to commercial 
  3.13  vehicle inspections, and section 296A.27, subdivisions 6 and 12, 
  3.14  relating to motor carrier licenses and trip permits, (2) Code of 
  3.15  Federal Regulations, title 49, parts 40 and 382, and (3) the 
  3.16  applicable rules, orders, or directives of the commissioner of 
  3.17  transportation and the commissioner of revenue, issued under 
  3.18  this chapter and chapter 296A, but for no other purpose, have 
  3.19  the powers conferred by law upon police officers.  The powers 
  3.20  include the authority to conduct inspections at designated 
  3.21  highway weigh stations or under other appropriate circumstances. 
  3.22     Sec. 5.  Minnesota Statutes 2000, section 221.221, 
  3.23  subdivision 4, is amended to read: 
  3.24     Subd. 4.  [DOCUMENT INSPECTION.] Records, log books, 
  3.25  certificates, licenses, shipping documents, or other papers or 
  3.26  documents required to determine compliance with this 
  3.27  chapter and, rules adopted under this chapter, and Code of 
  3.28  Federal Regulations, title 49, parts 40 and 382, must be 
  3.29  presented for inspection, upon request, to a peace officer or 
  3.30  police officer or other person empowered to enforce the 
  3.31  provisions of this chapter.  
  3.32     Sec. 6.  Minnesota Statutes 2000, section 221.605, 
  3.33  subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
  3.35  carriers and private carriers engaged in interstate commerce 
  3.36  shall comply with the federal motor carrier safety regulations, 
  4.1   in Code of Federal Regulations, title 49, parts 40, 382, 387, 
  4.2   and 390 to through 398; with Code of Federal Regulations, title 
  4.3   49, part 40; and with the rules of the commissioner concerning 
  4.4   inspections, vehicle and driver out-of-service restrictions and 
  4.5   requirements, and vehicle, driver, and equipment checklists.  
  4.6   For purposes of regulating commercial motor vehicles as defined 
  4.7   in section 169.781, subdivision 1, the exemption provided in 
  4.8   Code of Federal Regulations, title 49, section 396.11, paragraph 
  4.9   (d), applies in Minnesota only to driveaway-towaway operations. 
  4.10     (b) An interstate carrier or private carrier engaged in 
  4.11  interstate commerce who complies with federal regulations 
  4.12  governing testing for controlled substances and alcohol is 
  4.13  exempt from the requirements of sections 181.950 to 181.957 
  4.14  unless the carrier's drug testing program provides for testing 
  4.15  for controlled substances in addition to those listed in Code of 
  4.16  Federal Regulations, title 49, section 40.21, paragraph 
  4.17  (a) 40.85.  Persons subject to this section may test for drugs, 
  4.18  in addition to those listed in Code of Federal Regulations, 
  4.19  title 49, section 40.21, paragraph (a) 40.85, only in accordance 
  4.20  with sections 181.950 to 181.957 and rules adopted under those 
  4.21  sections. 
  4.22     Sec. 7.  Laws 2001, First Special Session chapter 8, 
  4.23  article 1, section 8, is amended to read: 
  4.24     Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
  4.25  CONSTRUCTION BUDGET.] 
  4.26     The commissioner of transportation shall reduce the 
  4.27  construction budget of the department of transportation 
  4.28  construction district 1 by $35,000,000 $24,700,000 over the 
  4.29  period from fiscal year 2003 through fiscal year 2007, in order 
  4.30  to repay the advance of highway construction funds in fiscal 
  4.31  years 2001 and 2002.  The reduction in each year of the period 
  4.32  must equal the cost of trunk highway construction projects that 
  4.33  were originally scheduled to be constructed during that year 
  4.34  that were constructed in fiscal year 2001 or 2002 instead be 
  4.35  approximately $5,000,000 until the funds advanced have been 
  4.36  repaid. 
  5.1      [EFFECTIVE DATE.] This section is effective the day 
  5.2   following final enactment. 
  5.3      Sec. 8.  [REPEALER.] 
  5.4      Minnesota Statutes 2000, section 221.0313, is repealed.